Executive Amnesty? Obama Slated to Issue Executive Orders on Immigration by End of 2014

Since elections concluded last week, President Obama has been steadfast in his insistence that he will address immigration reform before the year's end by way of executive orders as a result of Congress' foot-dragging. While no one can be sure of the details of the executive orders slated to issue by December 2014, the president's recent commentary on the subject leads our office to hope that his orders contain the following forms of relief:

(1) Reintroduced, renewed or expanded 245(i) eligibility, or analogous relief, which would allow eligible family-members of U.S. citizens to pay a penalty for having entered the United States without inspection in order to obtain a green card without having to depart the U.S.

(2) Expanded Deferred Action for Childhood Arrivals (DACA)-like relief to persons without a criminal record who have resided in the U.S. for a substantial length of time, such that they can file a form similar to the I-821D and, if eligible, obtain work authorization and avoid deportation. Like DACA, this would not confer any affirmative immigration status, but it would allow eligible applicants to remain in the United States and work without fear of removal.

(3) Relaxed I-601, 212(h) waiver eligibily for the three and ten year unlawful presence bars, and waiver eligibility extended to the permanent bar, so that persons who are inadmissible due to accrued unlawful presence can more easily adjust status without having to remain outside of the U.S. for a prescribed period of time.

Stay tuned to our website for updates on the impending executive action!